The Author, Urvashi Trivedi is a 2nd year student of BA LLB (Hons.) at University of Petroleum and Energy Studies, Dehradun. She is currently interning with LatestLaws.com.

The Coronavirus, or Covid-19 has created numerous challenges for people all across the world. The outbreak of the virus was located to the Wet Markets in Wuhan, China in December 2019. On 11th March 2020, the World Health Organization declared this infection a pandemic.  

As the virus and its symptoms remained undiagnosed and unclear, the virus spread not only in the neighboring countries but worldwide (spreading inn 214 countries) causing numerous restrictions and challenges in the daily life of people. The symptoms of the virus are similar to the common cold and fever (diseases like SARS or MERS), like running nose and respiratory illness, which made it even harder to control the spread and provide the secure means for its treatment. The measures to stay protected from the disease were to self-isolate if mild symptoms occurred, or to admit oneself in Covid-19 Hospitals, in case of severe cases, or just by practicing social distancing, remaining quarantined and washing hands and staying clean. With more than 8.06 million confirmed cases globally and more than 3.65 lakhs cases in India, the outrage of this virus is not stopping anytime soon or until a vaccine is not discovered for the treatment. It has also posed a lot of challenges for the people admitted to hospitals for their COVID-19 tests and medication.

As the WHO Guidelines provide for the role and responsibilities of the healthcare workers, it highlights certain rules for them to follow in ensuring occupational safety while providing utmost care to the ones who are suffering from respect, compassion, and dignity.

CHALLENGES

The most important challenge that needed urgent address was the overcharging from the patients battling from the virus by private hospitals for testing, medication, and PPE safety kits for the prevention of its spread. As the number of cases increases at an alarming rate, the healthcare institutions, experts, officials, and facilities fall short for providing a secure and reasonable COVID test to the masses, the isolation centers, wards and hospital beds, proper care and treatment to the patients and the dignified burial to the deceased. Battling this virus has proved to us the valor of our heroes with white coats and their tireless contribution in helping and curing the infection. But it has also brought the greed and insensitive treatment of private hospitals in the light with their overpriced care “schemes”, “packages” and “plans” for treatment at home and hospitals, for those suffering from the illness.

As various articles surfacing on the internet have established that the private hospitals have found a way amid the chaos and overwhelming of the new cases, buckling under the weight of providing services even after the lack of resources, to make remote monitoring and treatment of the infection accessible for an exorbitant fee. Private players in the healthcare sector like Max Hospital, Medanta, or private physicians offer a basic package for treatment at reasonable rates.

On the other hand, private hospitals under the garb of “utmost safety and care” had been abusing the absence of price cap by the government on the cost of the treatment. As the story of Saima Furqan highlights the overcharging by Sir Ganga Ram Hospital in Delhi for the treatment of her uncle which lasted for a month. The hospital charged the family with a bill of Rs. 16,14,595 and a 122-page statement. The patient had to pay over 2 lakhs only for the PPE Kit (protective gear for the prevention of the spread of the infection) and that constituted only 18% of the entire amount. Another cause of an elderly admitted to Nanavati Hospital in Mumbai was charged similarly without any proper estimate provided for the cost of PPE which ought to be charged every day of the treatment. “After 31-year-old homeopathic doctor Dr. Mithlesh Singh succumbed to Covid-19 on Monday, his family was given a bill of ₹6,28,000 for 12 days of treatment. He had been admitted to KJ Somaiya Hospital on May 28 and was immediately kept under ventilation. Despite repeated calls and messages, Dr. VA Sabnis, dean of the hospital, did not respond,” reported in the Hindustan Times.

As a picture of the “rate card” from the Max Hospital went viral on the internet, the doubt on the private hospitals and their pricing from the patients arose. People from all areas began questioning and filing PIL’s in the court demanding their right to information and the creation of regulations on the price.

Over the years, a lot of speculation and probing has been done in the private hospitals and the profit they generate from their patients and unclear “rates” of the facilities and treatment they provide.

The Bombay High Court received a PIL in May 2020 from various petitioners inquiring upon the same details and its immediate interference in the redressal of the grievances of the COVID patients and the ill-treatment they were subjected to. The Brihanmumbai Municipal Corporation (BMC) a party to the case, capped the treatment of the Covid-19 patients at Rs. 4,000/- (max) a day, in private hospitals for regular care. The charge cap for treatment in Intensive Care Units (ICUs) is Rs. 7,500 for a day and Rs, 9,000 for those on ventilators.

As the Delhi Health Minister, Satyender Singh on 14th June 2020 informed that the Government had ordered the private hospitals to provide the details of the Covid-19 tests and treatments which were then reviewed by the Government to set the price cap on it.

On the 15th of June, 2020, the Centre and the Union Health Ministry have ordered the states to engage with the private officials in the healthcare department and ensure the availability of services and care to the coronavirus patients. The ministry stated, “To ensure that patients receive prompt, good quality care at reasonable rates, it has been suggested to states to have consultations with the local private healthcare providers and arrive at reasonable rates while factoring in cost elements for personal safety equipment for healthcare providers.”

LEGAL REMEDIES

The Constitution of India under Article 21 of Right to Life and Liberty also entails the right to proper healthcare facilities to the people.

Under the Clinical Establishment and Regulations Act, 2012, and the Clinical Management Protocol- Covid-19 by the Ministry of Health, the Government of India has outlined the proper and reasonable care that every clinical establishment for the treatment of the COVID-19 infection must follow. It states the risk factors, clinical features and its severity, the diagnosis, prevention and control practices, management of cases depending on its gravity (mild, moderate, and severe), and the complications, that the healthcare institutions and officials have to keep in mind while battling with the pandemic. Under section 52 of the Act, the Central and the State Government has the power to enact and regulate laws in the determination of the standards of the facilities and services

The Disaster Management Act, 2005 states that the Right to Health and assurance of proper care and services under the responsibility of the State and the Government shall address the grievances. Under Section 25 of the Act, an authority for disaster management at the national, state, district, and local levels is created to address the issues and the complications in the times of a disaster or other sort of calamity mentioned herein. Under the act, the people of the nation can seek help from the right forum for the redressal of their grievances or for seeking information under the Act. The cognizance of the offenses under this act would be under the National, State, District, and Local Authority for speedy and fast redressals.

In the writ petition filed by Sachin Jain on 5th June 2020, Sachin Jain v Union of India, which seeks to enquire into the usage and applicability of the “Ayushman Bharat Scheme” for the treatment of the COVID-19 and the extend. It is to be understood by the Court whether the treatment provided by private hospitals is on "only cost, no profit” basis. Mr. Jain relied upon a 2007 judgment of the Delhi High Court which had “condemned the conduct of various hospitals in the capital for not adhering to their social commitments despite receiving benefits from the government.” In his plea, he pleads that the hospitals built on public land should provide pro bono publico services as the nation battles against a pandemic with limited resources.

In the case of S. Jimraj Milton v Union of India and Others, the petitioner seeks the interference of court in the working of the Government and the Private Hospitals and regulates the overcharging. In the order, W.P.Nos.7414 & 7456 OF 2020, the Court seeks from the Government to help respond upon questions relating to the overcharging by private hospitals. The authorities are ordered to submit their response on the aspects,

  • Details of the entire cost borne by the patients for the treatment of Coronavirus in private hospitals,
  • Details of the price cap on such charges, if any,
  • Presence of a redressal system for such overcharging by private hospitals and the manner of redressal.

With the presence of facilities like “e-governance” under the name of COVID India Seva, is the digital platform that provides an interactive method and platform for direct communication between the millions of people to seek information and pose queries and get a response from the Government in real-time.

As the nation combats the coronavirus, it is important for us to remain safe and healthy but also fight against the unfair practices and injustice upon the people.

References

  1. https://www.hindustantimes.com/mumbai-news/despite-price-cap-private-hsopitals-continue-to-overcharge-covid-patients/story-oK3cEkkrP0VI2C8KeWNn9H.html - “Despite price cap, private hospitals continue to overcharge COVID patients”
  2. https://www.hindustantimes.com/india-news/bmc-rejecting-private-lab-tests-private-hospital-overcharging-covid-19-patients-alleges-pil-in-mumbai-high-court/story-giHlWhPddfeNhpB0QFD5JP.html - “BMC rejecting private lab tests, private hospital overcharging Covid-19 patients, alleges PIL in Mumbai High Court”
  3. https://www.indiatoday.in/india/story/delhi-govt-asks-all-hospitals-share-covid-19-treatment-charges-amid-high-cost-buzz-1688792-2020-06-14 - “Delhi govt asks all hospitals to share Covid-19 treatment charges amid high-cost buzz”
  4. https://www.newindianexpress.com/nation/2020/jun/15/covid-19-centre-asks-states-to-cap-charges-for-critical-care-in-private-hospitals-2156996.html - “COVID-19: Centre asks states to cap charges for critical care in private hospitals”
  5. https://scroll.in/article/964534/private-hospitals-in-india-are-overcharging-for-safety-gear-in-the-absence-of-government-regulation- - “Private hospitals in India are overcharging for safety gear in the absence of government regulation”
  6. https://www.vice.com/en_in/article/dyzpaa/private-hospitals-offer-overpriced-home-packages-to-treat-coronavirus-as-india-feels-strain-of-pandemic - “Private Hospitals Offer Overpriced Home "Packages" to Treat Coronavirus As India Feels Strain of Pandemic”
  7. https://www.ndmindia.nic.in/images/The%20Disaster%20Management%20Act,%202005.pdf – Disaster Management Act, 2005 ‘
  8. https://government.economictimes.indiatimes.com/tag/ministry+of+health+and+family+welfare – Ministry of Health launches e-Governance for coronavirus
  9. S. Jimraj Milton v Union of India and Others- MANU/TN/2825/2020 Madras High Court

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Urvashi Trivedi